Bill Text: CA AB3138 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: License plates and registration cards: alternative devices.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-09-27 - Chaptered by Secretary of State - Chapter 756, Statutes of 2024. [AB3138 Detail]
Download: California-2023-AB3138-Amended.html
Bill Title: License plates and registration cards: alternative devices.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-09-27 - Chaptered by Secretary of State - Chapter 756, Statutes of 2024. [AB3138 Detail]
Download: California-2023-AB3138-Amended.html
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Amended
IN
Assembly
April 24, 2024 |
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Amended
IN
Assembly
April 01, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 3138
| Introduced by Assembly Member Wilson |
February 16, 2024 |
An act to amend Section 4854 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 3138, as amended, Wilson.
Vehicle identification and registration: alternative devices.
Existing law requires a vehicle to display a license plate, issued by the Department of Motor Vehicles, with tabs that indicate the month and year the vehicle registration expires. Existing law requires the department to issue a registration card upon registering a vehicle that includes, among other information, the name of the owner and the vehicle registration number. Existing law authorizes the department to establish a program allowing an entity to issue devices as alternatives to the conventional license plates, stickers, tabs, and registration cards, subject to specific requirements that include limitations on how vehicle location technology is used with an alternative device and how an alternative device may display certain specialized license plates. Existing law requires an alternative device to be subject to the approval of the Department of the California Highway Patrol.
This bill would instead require the department to consult with the Department of the California Highway Patrol when approving an alternative device. The bill would modify the limitations on the use of vehicle location technology and the replication of specialized license plates. The bill would authorize the department to approve an alternative device that displays banner messages, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4854 of the Vehicle Code is amended to read:4854.
(a) The department shall establish a program authorizing an entity to issue devices as alternatives to the conventional license plates, stickers, tabs, and registration cards authorized by this code, subject to all of the following requirements:(1) The alternative device is subject to the approval of the department, in consultation with the Department of the California Highway Patrol, and shall not be used in lieu of a device issued by the Department of Motor Vehicles until that approval has been granted.
(2) An alternate
alternative device shall not include vehicle location technology, unless the vehicle location technology complies with the requirements of this section and has all of the following features:
(A) The vehicle location technology shall be capable of being permanently disabled by means of a nonreversible method that ceases all vehicle location functionality and tracking information capabilities.
(B) (i) The vehicle location technology shall be capable of being manually disabled and enabled by a driver of the vehicle while that driver is inside the vehicle.
(ii) The method of manually disabling and enabling the vehicle location technology shall be prominently located and easy to disable, without requiring access to a remote, online application.
(iii) The method of manually disabling and enabling the vehicle location technology shall not require a password or log-in information.
(iv) Once the vehicle location technology is manually disabled from inside the car, the only method of reenabling the technology shall be manually from inside the car. The registered owner of the license plate, the manufacturer, the Department of Motor Vehicles, or any other entity shall
not have the capability of reenabling the vehicle location technology through remote means.
(3) Data exchanged between the department and the device, or the provider of the device, is limited to that data necessary to display evidence of registration compliance, including the payment of registration fees, plate configurations, and the information or images displayed on the alternative product.
(4) The department shall not receive or retain directly from an alternative device authorized by this section or the provider of the alternative device any electronic information regarding the movement, location, or use of a vehicle or person with an alternative device.
(5) Use of the alternative device is
optional, and users shall affirmatively opt in to using the alternative device instead of a conventional license plate, sticker, tab, or registration card.
(b) (1) The department shall adopt regulations to carry out this program, including, but not limited to, all of the following:
(A) Determining standards necessary for the safe use of alternative products.
(B) Requirements for product oversight and consumer support.
(C) Requirements for product size, design, display, and functionality.
(D) Introduction of new products through a pilot program.
(E) Transitioning pilot products, and approved enhancements to existing alternative products, to a statewide product offering.
(F) Approval of products for statewide use.
(G) Determining data sharing, privacy, and security protocols pursuant to Section 1 of Article I of the California Constitution’s right to privacy and other applicable privacy laws.
(H) Processes for revoking an alternative product’s authority for use.
(I) Testing enhancements to approved alternative products.
(J) Determining the types of plates eligible to participate and associated approval processes.
(K) Establishing reasonable fees to reimburse the department for the costs to implement the program.
(L) Reporting requirements.
(M) Requirements to ensure registered users of a device are aware of GPS capability and usage and can deactivate the function.
(N) Requirements to ensure nonregistered vehicle operators are aware of GPS capability and usage. This may include, but is not limited to, live notifications of the GPS function, toll-free communication with the device provider for vehicle location function status and deactivation, or visual indicators of GPS capability or usage.
(2) In developing
these regulations, the department may consult with the Department of the California Highway Patrol and shall conduct hearings with the opportunity for public comment on the adoption of any regulation applicable to alternative registration products.
(3) In developing these regulations, the department may specify timeframes for compliance and temporary operating authority for products piloted under Section 4853 that are submitted for approval under this section.
(4) An entity seeking approval to issue an alternative device or electronic vehicle registration card for pilot or statewide use under this section shall submit a business plan for the device to the department for approval that includes, but is not limited to, all of the following:
(A) An administrative oversight plan.
(B) A product support plan, including, but not limited to, methods of providing proof of registration that are not subject to technological failures to be used in the event of the alternative device malfunctioning or failing.
(C) Information technology security, privacy, and cybersecurity evaluations and measures to protect against unauthorized access to information and the device.
(D) Procedures to comply with applicable privacy and security requirements, including, but not limited to, the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code). For purposes
of this section, a provider of the device shall not share or sell the information obtained to provide the device, or any other information obtained by virtue of contracting with the department to provide the device, including, but not limited to, information collected by the device itself, nor shall it use the information for any purpose other than as strictly necessary to provide the device and show proof of vehicle registration.
(E) Ensuring that the information transmitted between the alternative device or electronic vehicle registration card, the department, and the provider, as well as any mobile application required for the alternative device or electronic vehicle registration card, including storage, is encrypted and protected to the highest reasonable security standards broadly available.
(5) An alternative device intended to serve in lieu of a license plate shall be subject to all of the following requirements:
(A) Have a minimum effective viewable area that meets the size specifications of Section 4852.
(B) Provide legibility and visibility according to standards consistent with those applied to standard metal license plates.
(C) Be displayed in a manner consistent with Article 9 (commencing with Section 5200).
(D) Display only information and images approved by the department or deemed necessary by the department.
(E) Be readable by automated license plate readers used by the
Department of the California Highway Patrol and any other automated enforcement system.
(F) Be readable by the human eye during hours of both daylight and darkness at a distance of no less than 75 feet.
(G) The alphanumeric characters assigned to the vehicle by the department and evidence of valid registration are capable of and shall be displayed on the device whenever a vehicle is in motion, stationary, parked on or off of a road or highway, or unoccupied.
(6) An alternative device intended to serve in lieu of a registration card is subject to both of the following requirements:
(A) Meets the requirements of Section 4453.
(B) May be used to comply with Section 4462.
(7) The department may establish additional requirements it deems necessary to implement this subdivision.
(8) The department may authorize an alternative device to replicate a specialized license plate or a license plate requiring an occupational license that the department has approved pursuant to this code.
(c) An alternative device failure or malfunction may be deemed a correctable violation if all of the provisions of Section 40610 are met.
(d) The provider of the device, if the device has digital capabilities, shall build into the device a process
for frequent notification if the device becomes defective. The provider of the device shall seek to replace defective devices as soon as possible.
(e) Alternative devices issued pursuant to this section may emit diffused nonglaring light only to the extent necessary to meet the
visibility requirements of Sections 5201 and 24601.
(f) (1) An employer, or a person acting on behalf of the employer, shall not use an alternative device to monitor employees except during work hours, and only if strictly necessary for the performance of the employee’s duties. For purposes of this section, “monitor” includes, but is not limited to, locating, tracking, watching, listening to, or otherwise surveilling the employee.
(2) An employer, or a person acting on behalf of the employer, shall not retaliate against an employee for removing or disabling an alternative device’s monitoring capabilities, including vehicle location technology, outside of work hours. An employee who believes they have been subject to a violation of this paragraph may
file a complaint with the Labor Commissioner pursuant to Section 98.7 of the Labor Code. In addition to the civil penalties described in this provision, an employee retaliated against in violation of this section shall be entitled to all available penalties, remedies, and compensation, including, but not limited to, reinstatement and reimbursement of lost wages, work benefits, or other compensation caused by the retaliation.
(3) An employer or a person acting on behalf of the employer shall provide an employee with a notice stating that monitoring will occur before conducting any monitoring with an alternative device. The notice shall include, at a minimum, all of the following elements:
(A) A description of the specific activities that will be monitored.
(B) A description of the worker data that will be collected as a part of the monitoring.
(C) A notification of whether the data gathered through monitoring will be used to make or inform any employment-related decisions, including, but not limited to, disciplinary and termination decisions, and, if so, how, including any associated benchmarks.
(D) A description of the vendors or other third parties, if any, to which information collected through monitoring will be disclosed or transferred. The description shall include the name of the vendor or third party and the purpose for the data transfer.
(E) A description of the organizational positions that are authorized
to access the data gathered through the alternative device.
(F) A description of the dates, times, and frequency that the monitoring will occur.
(G) A description of where the data will be stored and the length of time it will be retained.
(H) A notification of the employee’s right to disable monitoring, including vehicle location technology, outside of work hours.
(4) (A) An employer who violates this subdivision shall be subject to a civil penalty of two hundred fifty dollars ($250) for an initial violation and one thousand dollars ($1,000) per employee for each subsequent violation.
(B) For purposes of determining the penalty described in subparagraph (A), the penalty shall be assessed per employee, per violation, and per day that monitoring without proper notice is conducted.
(C) The Labor Commissioner shall enforce this section using the procedures set forth in Section 1197.1 of the Labor Code, as applicable, including through the issuance of citations against employers who violate this section. The procedures for issuing and contesting citations, and enforcing judgments for civil penalties, that are issued by the Labor Commissioner pursuant to this section shall be the same as those set forth in Section 1197.1 of the Labor Code.
(D) An employer, and any third-party vendor that contracts with an employer to provide GPS tracking of vehicles through
an alternative device as described in this section, upon request, shall furnish any report or information that the Labor Commissioner or the Division of Labor Standards Enforcement requires to carry out this section.
(g) The department may approve an alternative device that meets the requirements of this section and allows banner messages to appear on the bottom of the alternate alternative device.
